Patna High Court
Raju KumarversusThe Dept. of Vigilance through its Director General, Bihar, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to stringent conditions.
Summary
The Patna High Court considered the bail application of Raju Kumar, who had been in custody since 17 October 2025 in a vigilance case alleging that he demanded a sum of Rs 5 lakhs (or Rs 1.51 lakhs as per prosecution) to facilitate the rectification of land records under Section 7(a) of the Prevention of Corruption Act, 1988. The petitioner contended that the FIR was fabricated, he had a clean antecedent, and he had cooperated with the investigation. The prosecution opposed bail, arguing that the petitioner was in possession of the alleged money and posed a risk of tampering with evidence or witnesses. After evaluating the facts, the court held that bail could be granted provided the petitioner executed a bond of Rs 10,000 with two sureties and complied with strict conditions regarding cooperation, presence in court, and non‑tampering. The order also directed the lower court to verify the petitioner’s criminal antecedent and to cancel bail if any concealment or misconduct is discovered.
Issues considered
- Whether the petitioner is entitled to bail pending trial in a case under Section 7(a) of the Prevention of Corruption Act, 1988.
- Whether the allegations in the FIR constitute a cognizable offence justifying continued detention.
- Whether there is a likelihood of the petitioner tampering with evidence or witnesses if released on bail.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 7(a)
Subjects
- bail
- Prevention of Corruption Act
- Section 7(a)
- land record fraud
- vigilance case
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6969 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Raju Kumar S/O Shiv Shankar Sahani R/o-Village-Roshanpur Sapaha, Ward
No.-07. P.S- Sugauli, Dist.-East- Champaran at Motihari.
... ... Petitioner
Versus
The Dept. of Vigilance through its Director General, Bihar, Patna Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Onkar Nath, Advocate
For the Opposite Party/s : Mr. Arvind Kumar,Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr. Onkar Nath, learned counsel for the
petitioner and Mr. Arvind Kumar, learned counsel for the
Vigilance.
2. Petitioner seeks bail who is in custody since
17.10.2025 in connection with Special (Vigilance) Case No. 92
of 2025 for the offence punishable under Section 7(a) of P.C.
Act, 1988.
3. The prosecution story, in brief, is that allegation as
per F.I.R. in brief is that the informant addressed a written
complain mentioning therein that the demand of the land
pertaining to Mauza-Anarwan Salaiya, Anchal-Dumariya, Khata
No.-35, Plot No.-159, 279, 178, 149, 192, 79, 69 of Gaya
district for an area of 124 Acre (approx) is existing in register-2
in the name of my family members. The further allegation is
Patna High Court CR. MISC. No.6969 of 2026(3) dt.23-03-2026
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the online application for parimarjan dt.-02.08.2025 has been
entered consisting Application No.-(1) 253557492821580, (2)
253554382821624, (3) 253552612821655, (4)
253562892821750 & (5) 253524832871543 for which the
revenue receipt since 1965 till 2016-2017 is already existing.
The further allegation is that the informant went to the Circle
Office on 02.09.2025 to get interrogation about the online
parimarjan & complain that the revenue official (Raju Kumar)
has forwarded three (3) applications out of six (6) applications
to your login & then the Circle Officer suggested to meet the
petitioner & soon onwards the informant on the same day met to
the petitioner and asked that the Circle Officer has sent to meet
you, & then the petitioner replied that altogether six (6)
applications had come to me & three (3) of them has been sent
to the Circle Officer for land verification & the rest three (3)
applications are with me & if you are interested to get the work
performed, then you are to give a sum of Rs. 5,00,000/- (Rs.
Five Lacs Only), failing which you would run from pillar to post
to get the work performed. The further allegation is that the
informant requested, saying that I am farmer & so isn't possible
to arrange such a huge money but the petitioner replied as early
as you would arrange the amount, your work would be
Patna High Court CR. MISC. No.6969 of 2026(3) dt.23-03-2026
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performed similarly.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and as per the allegation in the
FIR, the petitioner has demanded Rs.3,00,000/- from the
informant for entering the Khata Number in question for
rectification in the register-2. It is further submitted that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Apart from the aforesaid, the police has submitted charge-sheet
and the petitioner is in custody since 17.10.2025. It is next
submitted that there is no question of tampering the evidence
and, in fact, the petitioner has cooperated in the case for ready
disposal of the same.
5. The learned Additional Public Prosecutor, on the
other hand, has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner is arrested along with
Rs.1,51,000/- which is demanded for the rectification of the
khata number in question.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court of
Patna High Court CR. MISC. No.6969 of 2026(3) dt.23-03-2026
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Special Judge, Vigilance, Patna in connection with Special
(Vigilance) Case No. 92 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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